Rules and regulations of law firms

Article 1: In order to standardize lawyers' personnel transfer, business supervision and personal business income and expenditure behavior, correct lawyers' interest mentality, correct lawyers' professional behavior and cultivate excellent professional quality, according to> and the special regulations and disciplinary rules of the lawyer industry, the director of the firm is responsible for the whole firm. This regulation was formally implemented on February 6, 2006 at 438+00. Before March 1 2006, anyone who doesn't want to be bound by this regulation may declare or apply for settlement of creditor's rights and debts in this firm and handle necessary matters, and be transferred from this firm after being confirmed by the financial department and reported to the director for approval. If ownership is omitted, recovery will continue. Lawyers who have not settled their creditor's rights and debts with this firm may not transfer, and lawyers who have caused losses must bear the liability for compensation before transferring. Article 4: This regulation is the basis for the members of this practice unit to voluntarily accept the discipline of personnel, business and finance since February 10, 2006. Each new member of the institute must carefully read and accurately understand the content of the subject and what they should follow. Article 5 As a lawyer practice unit established according to law, the business income of this firm refers to the business income and labor income obtained by all lawyers on the basis of unified handling of cases and unified fees. The sum of business income and labor income for one year is the total annual income of this financial accounting unit. It is absolutely forbidden for lawyers to take money directly and then pay taxes and keep it. It should be informed that this dangerous behavior will have a major criminal legal liability risk of embezzlement, interception and misappropriation of unit funds. Our company takes effective measures to avoid and put an end to this phenomenon. (See Article 27 1-272 of the Criminal Law for details) Article 6: Any business income obtained by our lawyers in the course of performing their duties as lawyers must be paid into the financial account of Beijing Prophet Law Firm. The monthly tax payable calculated according to the prescribed standards shall be withheld and remitted by this firm. 1。 After paying taxes according to law, the balance will be left in the unit after deducting a certain amount or a certain proportion, and the rest will be the personal remuneration obtained by the lawyer according to regulations. 2. These regulations and procedures cannot be reversed or misplaced. All lawyers should abide by it. 3. Accept the case privately, confiscate the illegal income with a private fee of less than 5,000 yuan, and the firm will handle it privately or report it to the Judicial Bureau and the Lawyers Association. Confiscation of illegal income of more than 5000 yuan, depending on the circumstances handed over to the public security organs or reported to the judicial bureau, lawyers association. 4. The business expenses attributed to Beijing Prophet Law Firm include the following business income earned by any lawyer and other staff in the name and position of the unit: legal aid fees in the investigation stage of criminal cases, defense fees in the examination and prosecution stage, defense fees in the trial stage, agency fees for various appeal cases, agency fees for criminal incidental civil actions, demonstration fees and agency fees for criminal incidental civil actions. Agency fees for civil, economic, administrative and labor cases, investigation fees, demonstration fees, consulting fees, information fees, perennial legal consultant fees, temporary legal consultant fees, special affairs legal consultant fees, non-litigation affairs agency fees, investigation fees, special affairs agency fees, reconsideration case agency fees, etc. Article 7: Regarding financial and tax matters, it needs to be reiterated that every lawyer has the obligation to pay taxes and must abide by various financial management systems. Our firm withheld and remitted all taxes according to law, and accounted for the income and expenses of all lawyers separately. The specific operation methods are allowed to be handled in the following ways according to law, and the tax payment rules are as follows: 1. Lawyers with partner status are required to bear three tax standards for each business income: case 1: the tax obligation calculated when the business income of this firm is below 1 10,000 yuan in the current year, and the tax rate is 10.5%. In case 2, our business income is 1 1.5%. 5%. In the third case, the tax liability calculated when the business income of the firm is more than 3 million in the current year is 12. 5%.2. After a lawyer is entrusted to handle a lawyer's case, the balance of the individual's income after handling the case is taxed in proportion, after deducting the extraction ratio stipulated by the firm and the proportional fee or amount agreed in the lawyer's employment contract, the salary due can be extracted and refunded without complaint. 3. A lawyer who is not a partner shall, after assuming the tax obligation of 1, calculate the tax payable according to the provisions of the general lawyer's tax obligation and the statutory progressive tax rate; The rest is divided with the company according to the agreement. See relevant regulations of Beijing Municipal Bureau of Justice and Beijing Local Taxation Bureau for details. The starting point for wage lawyers is to levy personal income tax on the part above 1600 yuan every month. 4. When lawyers with partner qualification and lawyers without partner qualification jointly undertake cases to obtain income, they shall calculate the tax payable according to their respective fees. 5. The networked tax control machine will generate taxable records when printing and issuing invoices. At the same time, tax amount will be generated, calculated on a monthly basis. The competent lawyer must ensure that the face value is fully recorded. If the lawyer's fee cannot be recovered in time, it shall be returned immediately and recorded in the online tax control system for verification. For those who can't guarantee to record the face value in time, they should first open the receipt of the firm and then change the invoice. Article 8: For the amount that has not been recorded after the invoice is issued, if the invoice cannot be recovered in time and becomes invalid, the undertaking lawyer shall bear supplementary economic risk responsibility and legal risk responsibility. If it is found that the firm embezzles or misappropriates less than 5,000 yuan of its own funds, the firm shall hand over the funds of more than 5,000 yuan to the public security organ according to law. Article 9: There are two ways for lawyers to handle social security: one is to open an account by themselves, and the expenses are not shown in the financial accounts of the firm. The relevant formalities shall be handled by the lawyer himself. This method has low cost and good effect, and lawyers will not affect their social security interests because of transfer. It is suggested that lawyers and new lawyers handle personal social security affairs according to this model. Second, lawyers who open accounts in our firm should keep their social security amount for not less than three months in their bank accounts, and make up for it in time when it is insufficient. If it can't be remedied, it will have a bad influence on other lawyers, and even have a significant impact on the financial operation of the firm, resulting in serious instability of financial revenue and expenditure. Third, all social security fees should be handled according to the standards selected by each lawyer, and the source of fees should be the commission of participating lawyers or a specific amount. The fees paid by the firm should be deducted directly from the lawyer's account, and in principle, the firm should not pay in advance. In 2006, the newly transferred lawyers no longer handled the second-level affairs, and all lawyers handled the social security affairs of lawyers themselves. Article 10: It is forbidden for any lawyer's business income not to be accounted for, and any lawyer must strictly abide by the financial system of this firm. Lawyers who issue invoices should record their business income in a timely manner, and lawyers who conceal their real income, practise fraud, embezzle or misappropriate their business income, and defraud personal remuneration will be punished according to the circumstances. In case of special circumstances, it is necessary to inform the director of the firm and go through the formalities in the shortest time. Article 1 1: It is absolutely forbidden for any lawyer to participate in illegal and criminal activities such as customer money laundering, corruption and bribery. If found, should immediately report to the judicial organs. The losses caused to the firm shall be compensated, and the credit loss of 3- 10 times shall be compensated according to the actual situation. Lawyers should know other legal responsibilities, so I won't repeat them here. Article 12: For lawyers who violate the Lawyers Law, lawyers' practice discipline and professional ethics, the firm shall take measures combining active supervision with social supervision to correct them, and may take restrictive measures against lawyers or trainee lawyers who do not obey the supervision and management, including but not limited to various ways such as restricting avoidance, handling cases and restricting transfer; In addition to the above measures, those who have gross negligence or intentional violations of laws and regulations and do not change after education can be handed over to the relevant departments for handling, and the losses caused can be recovered by 3 to 10 times. Article 13: Strictly implement the system of unified collection of cases and unified fees, and strictly implement the financial system of unified collection and expenditure of the firm. The business undertaken by lawyers shall be subject to preliminary examination, process supervision, closing summary and cost supervision. The law firm assignment system is implemented, and lawyers who ask for the client's name in the client's legal advisory unit shall try their best to meet their requirements. If the requirements cannot be met, other lawyers agreed by them shall be assigned to complete the relevant lawyer business tasks. The assigned lawyers should try their best to complete the assigned tasks, and the firm will deal with those who are perfunctory and do not fulfill their duties seriously. Article 14: every lawyer has the obligation to bind business files according to regulations. Lawyers who fail to bind business files according to regulations shall be punished by restrictive measures and other measures. Article 15: The firm visits clients regularly and irregularly to solicit comments and suggestions from clients and relevant personnel of consulting units on lawyers' work, and handle the problems found related to lawyers in the firm. At the same time, matters that need improvement and remedy should be handled in time. Lawyers who conceal bad behavior should be picketed, supervised and corrected. Lawyers who resist or obstruct my return visit should intensify their investigation and punishment. If serious violations of law and discipline are found, they shall be dealt with severely in accordance with these regulations. Article 16: Rules for business cooperation with our company. 1: The distribution of benefits when lawyers cooperate with this firm shall be subject to the opinions of lawyers from the main business sources. His opinion should be based on that of his lawyer. The number of cases in which all lawyers of our firm cooperate with lawyers of our firm for free or independently every year should not be less than 3, including legal aid cases. 2. Our firm will provide necessary project support or overall business development activities planning and organizational support according to lawyers' opinions. 3. Generally, trainee lawyers and formal lawyers are not paid for handling cases together, but contractors who are willing to pay a part of the allowance can abide by it. It is forbidden for any lawyer or staff member to engage in unfair competition in this firm, and any lawyer or staff member can explain anything about unfair competition to the director. We should take corresponding punishment and disciplinary measures or economic sanctions against unfair competition lawyers. 5. It is forbidden for our lawyers to provide other lawyers or non-staff of our firm with information or convenience related to our business secrets, and their respective ownership should be strictly distinguished in terms of legal procedures and business expenses. It is forbidden to issue invoices, and lawyers are forbidden to handle financial revenue and expenditure procedures, personnel transfer procedures and business procedures on their behalf. In principle, it should be handled by itself. If there are special circumstances, it must be explained and verified before it can be handled, and a lawyer should be entrusted to handle the confirmation procedures. 6. The cooperation between lawyers in our firm should be a relationship of active cooperation, interdependence and mutual trust, and any behavior that undermines this relationship should be stopped. The lawyers of this firm shall cooperate with the responsibility of handling cases, and take the form of co-responsibility of sponsoring lawyers or assigning lawyers for assessment. 7. In divorce cases, the opposite sex had better not be represented. When necessary, the firm appoints a suitable lawyer to represent it, and the main distribution content of its business income shall be subject to the lawyer's opinion on the source of the case. 8: There should be two lawyers present at the court session, investigation, evidence collection, interview, meeting in the detention center or taking notes in different places, including trainee lawyers or the staff of our firm. Article 17: The case discussion and demonstration system should be the work style that the firm always adheres to, exchange and learn necessary professional skills, and exercise good professional quality. Urge lawyers who do not participate in study and activities to participate in various beneficial activities inside and outside the firm. Every lawyer has the right and obligation to contribute his knowledge and strength to the public affairs of the firm. Article 18: Cases and major cases with extremely complicated cases, wide social influence and easy to be concerned or misled by domestic and foreign media shall be reported in time and asked for instructions. If the lawyers of the firm can't handle it properly, they should report to the Beijing Municipal Bureau of Justice and the Beijing Lawyers Association for instructions and guidance. Article 19: In the management of new lawyers, trainee lawyers and other staff members in our institute in 2006, contract management was implemented for all staff members, and those who did not sign the contract were not allowed to touch the substantive work of lawyers. Article 20: With respect to the original basic responsibility system for lawyers and staff, 1, the partners shall be assessed by means of economic responsibility system, post responsibility system, guidance and trainee lawyer responsibility system and comprehensive service responsibility system, and the partners who are seriously incompetent shall be eliminated; 2. The original lawyer shall receive business and professional skills training, improve professional skills and psychological quality, and accept business assessment. Lawyers who are seriously unqualified should be dismissed, and those who are unwilling to be dismissed can be transferred. Sign an employment contract to clarify the basic business tasks and responsibilities of public welfare activities in the hospital. Lawyers who have not signed a contract shall be transferred within a time limit. 3. Trainee lawyers must be strictly controlled, specially guided and urged, and strictly required according to the standards of formal lawyers. In order to ensure the quality and reputation of interns in our firm, the appraisal of unqualified interns in our firm shall not be filled in. For the internship lawyers who do not obey the management, they can take punishment and disciplinary measures according to the situation until they terminate their practice and cancel their registration, and report their performance to the Judicial Bureau for the record when necessary. Article 2 1: Newly transferred lawyers can obtain the personal interests of our lawyers in the following ways, but they must abide by all the rules, regulations and disciplines of our firm. 1: The percentage of commission shall be determined when the employment contract is signed, and it shall be implemented in accordance with the salary management measures of our firm. 2. When signing the employment contract, it is determined that the after-tax share or after-tax fixed performance of the agreed amount shall be paid to the exchange on an annual or quarterly basis, or the rest shall be paid to the exchange in advance, and shall be calculated and extracted by the individual on a monthly basis. 3. Other forms determined when signing the employment contract, such as specific monthly salary. Or salary plus commission ratio. 4. Partners who do not participate in the operation or become partners can choose to follow suit. The financial management personnel manage and calculate the lawyer's business income and expenditure this month according to everyone's contract, and list the details, and pay the salary of last month uniformly next month 10. Article 22 The annual registration fee of a law firm shall be borne by the law firm, and the annual registration fee of a lawyer shall be borne by the lawyer himself and delivered to the law firm one month before the annual inspection. If it cannot be delivered to the firm by then, it will be treated as unregistered. In 2006, the firm will no longer pay such fees for any lawyers. The lawyer who paid in 2005 will be returned this year. Article 23: Establishment and adjustment of office space: no contribution, no enjoyment. Article 25 Lawyers in all fixed office seats will set different standards according to the different situations of each person, so that all lawyers can complete the after-tax net retention of a specially agreed amount as a benchmark task. Article 26: Lawyers in this firm will adopt AA system when they organize activities spontaneously, and partners will put forward more investment suggestions than ordinary lawyers when they participate. Article 27 The financial accumulation of this firm is used for the development of this firm, for lawyers who have contributed to the investment returns and remuneration of investment lawyers, or for paying off debts when this firm was established. Article 28 A law firm shall set up internal mechanisms such as a case analysis committee, a supervision team for practicing discipline and professional ethics of practicing lawyers (including trainee lawyers), and market expansion. Hire corresponding lawyers to take charge of specific affairs. Article 29 If a lawyer in this unit violates the Lawyers Law, the lawyer's practice discipline, professional ethics and this discipline, the firm will take measures combining active supervision with social supervision to correct it, and may take restrictive measures against lawyers or trainee lawyers who do not obey the supervision and management, including but not limited to various ways such as restricting avoidance, handling cases and restricting transfer. Those who have gross negligence or deliberately violated laws and regulations and have not changed after education are only part of them. Please consult a lawyer for details.